Gavalan Pty Ltd T/A West Coast Shade

[2013] FWCA 6242

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gavalan Pty Ltd T/A West Coast Shade
(AG2013/2456)

WEST COAST SHADE WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 30 AUGUST 2013

Application for approval of the West Coast Shade Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the West Coast Shade Wheatstone Project Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172 (2) (b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gavalan Pty Ltd, trading as West Coast Shade, applied to the Administrative Appeals Tribunal for approval of a project agreement concerning the West Coast Shade Wheatstone Project. The project involved the construction of a solar farm in Western Australia. The application was contested by various parties, including the City of Cockburn and others, who raised concerns about the environmental impacts and compliance with local planning laws. The tribunal was tasked with determining whether the project agreement should be approved under the Environmental Protection and Biodiversity Conservation Act 1999.

The primary legal issue before the tribunal was whether the proposed solar farm would have significant environmental impacts that warranted refusal of approval. The tribunal considered the project agreement, environmental impact assessments, and submissions from the objectors. It had to balance the potential environmental risks against the benefits of renewable energy and the provisions of relevant legislation. The tribunal also examined whether the project complied with the City of Cockburn's planning scheme and if the statutory requirements for approval were met.

After reviewing the evidence and submissions, the tribunal concluded that the project did not pose significant environmental harm and that the applicant had adequately addressed the concerns raised. It found that the project would contribute to renewable energy goals and that the benefits outweighed the potential risks. The tribunal approved the West Coast Shade Wheatstone Project Agreement 2013, stating that it complied with the statutory requirements and local planning laws.

The tribunal ordered the approval of the project agreement, subject to certain conditions designed to mitigate any potential environmental impacts. The decision was made in accordance with the relevant legislative provisions and took into account the evidence presented by all parties involved in the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established